I’ve been asked this question more than once, funnily enough. The fact is that even the Safe Habor experts don’t have concrete answers 😉
Basically it’s business as usual until some way forward is found. For those companies that are following Safe Habor practices today and tomorrow, they will not going to be penalized for this. It’s not their fault that what was considered legal last week is not this week!
There is a revised Safe Habor that has been worked on for a couple of years now which includes the restriction on U.S. government (intelligence) access to personal data of non-Americans, but it has not been finalized yet. From what I understand, it is not agreed precisely because the U.S. want this exact point removed, which is exactly the motivation of the ruling on Safe Habor! I guess the EU and U.S. must fix this now.
I can imagine that Binding Corporate Rules (BCRs) will gain a new momentum from hereon. However this is significant work for any company working across legal jurisdictions, and today it is only some of the really large global corporations who have BCRs in place and working.
And you have a chance to do something to stop the indiscriminate surveillance practices used by the U.S. government agencies. It seems that the Act that was created in a single month has one part that is being abused and this is section 215. To find out more check here.
Stop 215 (video)
Even if you are not living in the United States, or you are not American, you can still do something. You know that government intelligent agencies all over the world are sharing your personal information with NSA. We are all a part of this mass surveillance program. I sent out some pre-defined Twitters from my virtual shadows handle. Find the ones I used here.
Apparently they are, even beyond prioritising encrypted communications in their search results. Google take action, and they are encouraging you to be a part of this.
Well quite a lot according to some sources. I found a Child Identity Theft Education Kit that you may find useful. I am looking around for more on this subject. I have not heard that there is so much of a problem here in the Nordics, but in the United States there seems to be quite significant, and is growing because a child’s identity is a ‘clean-slate’ and perfect target for identity fraud.
Well whether you believe him to be a traitor or a whistleblower, seems that Snowden was granted asylum by Russia. He is traveling around the country, fascinated by the history, and is managing this without being recognized. He has received many job offers. So who knows what is in store for him. Read more at the Guardian.
Seems that the email service that Edward Snowden recommended as actually protecting your privacy in the US is being forced to share all data and subsequently shut down! The owner and operator of the service, Ladar Levison, has been gagged. Reading between the lines, it looks like he will move his services outside of the US.
His advice is don’t share any of your data on US servers! Read more in infosecurity.
The PRISM exposure has presented non-US companies with a dilemma. The drive is into the cloud, but they don’t want their information outside of safe EU jurisdiction. According to Forbes it is estimated that the US will lose a lot of $USD as a result.
What needs to be clear here is that PRISM is about government nosing around in our social media activities without us being informed of this. Organizations could say that this is not a risk as they are not in the social media space (unless it is their core competence)… or is it?
What these undercover eavesdropping indicates is that the US government can’t be trusted. They have not been transparent in what they are doing. They are eavesdropping behind the backs of their own citizens. Even after Edward Snowden exposure they continued to deny. I see ‘trust’ as a world currency. Each one of us creates or destroys trust based on our personal/professional actions. This is especially pertinent now in this very connected world we live in today. Transparency is a foundation for trust, and governments that continue this facade of lying to its citizens, are at the cost of trust.. and eventually $USD will pay the price!